Deposit receipts for creditors’ meetings
Preconditions for issuing a deposit receipt in connection with a creditors’ meeting
In accordance with the Act concerning the Joint Rights of Debt Securities Holders (Gesetz betreffend die gemeinsamen Rechte der Besitzer von Schuldverschreibungen von 1899 or SchVerschrG 1899), the Deutsche Bundesbank is one of several possible depositories for debt securities issued prior to 5 August 2009 and is therefore responsible for issuing related deposit receipts to enable the holders to attend the corresponding creditors’ meeting. On this Bundesbank website you will find samples and templates for the purpose of requesting a deposit receipt as the basis for attending such a meeting.
In accordance with the new Act concerning the Rights of Debt Securities Holders (SchVG), deposit receipts for debt securities issued from 5 August 2009 can be issued directly by the custodian bank. As a rule, involving the Bundesbank will no longer be necessary in these cases.
In any case, please note the conditions for participation specified in the individual creditors' meeting invitations.
Applying for deposit receipts
It is incumbent on the debt securities holder’s custodian bank to apply for a deposit receipt of the kind stated above. The following procedure is to be observed.
Once the debt securities holder has submitted an application to attend a creditors’ meeting, the custodian bank must arrange for the corresponding securities to be kept blocked until said meeting has come to a close. Moreover, for each holder that attends the meeting, the relevant custodian bank must send the Bundesbank a separate letter requesting a deposit receipt, either by post, fax or e-mail.
If five or more deposit receipts are to be issued it is necessary to complete the excel table, “debt securities holder information”, specifying the relevant data of all the holders concerned and to send this to the Bundesbank via e-mail (z5.glaeubigerversammlungen(at)bundesbank.de).
The Bundesbank will then extract the data and incorporate them into the relevant deposit receipts. The e-mail must specifically mention the blocking of the securities vis-à-vis the Bundesbank and stipulate their maturity date. For ease of understanding, the table contains a sample data record.
When transferring personal data, it is necessary to comply with the prevailing data protection and data security-related provisions!
Note: While the template displayed on this page is not binding in character, it nonetheless contains essential legal elements that need to be included in the letter of request which must also bear the official letterhead of the custodian bank in question.